How can I identify a patent application in an oath or declaration filed after the application filing date?

For oaths or declarations filed after the application filing date, MPEP 602.08(c) provides several acceptable methods for identifying the application:

  • Application number (series code and serial number, e.g., 08/123,456)
  • Serial number and filing date
  • International application number
  • International registration number for design applications
  • Attorney docket number on the original specification
  • Title of the invention from the original specification, with reference to an attached specification
  • Title of the invention from the original specification, with a cover letter identifying the application

The MPEP emphasizes that Absent any statement(s) to the contrary, it will be presumed that the application filed in the USPTO is the application which the inventor(s) executed by signing the oath or declaration. This presumption helps ensure proper association of documents with the correct application.

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Topics: Patent Law, Patent Procedure
Tags: application identification, declaration, late filing, oath